Running Scared. Azerbaijan s Silenced Voices

Transcription

1 Running Scared Azerbaijan s Silenced Voices 2012

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3 This report was compiled by: ARTICLE 19 Free Word Centre 60 Farringdon Road London EC1R 3GA United Kingdom Tel: Fax: ARTICLE 19, London, 2012 ISBN: This work is provided under the Creative Commons Attribution-Non-Commercial-ShareAlike 3.0 unported licence. You are free to copy, distribute and display this work and to make derivative works, provided you: 1. give credit to the International Partnership Group for Azerbaijan; 2. do not use this work for commercial purposes; 3. distribute any works derived from this publication under a licence identical to this one. To access the full legal text of this licence, please visit: The International Partnership Group for Azerbaijan would appreciate receiving a copy of any materials in which information from this report is used. This report is published thanks to generous support from the United Kingdom Embassy in Baku. 1

4 List of endorsing organisations ARTICLE 19: Global Campaign for Free Expression Free Word Centre 60 Farringdon Road, London EC1R United Kingdom Contact: Rebecca Vincent, IPGA Project Coordinator Phone: +44 (0) Committee to Protect Journalists 330 7th Avenue, 11th Floor New York, NY United States of America Contact: Nina Ognianova, Europe and Central Asia Program Coordinator Phone: Human Rights House Foundation Kirkegata Oslo Norway Contact: Ane Tusvik Bonde, Regional Manager ane.bonde@humanrightshouse.org Phone: Index on Censorship Free Word Centre 60 Farringdon Road, London EC1R 3GA United Kingdom Contact: Natasha Schmidt, Assistant Editor natasha@indexoncensorship.org Phone: +44 (0)

5 International Federation of Journalists International Press Centre Residence Palace, Block C Rue de la Loi 155, 1040 Brussels Belgium Contact: Adrien Collin, Project Officer adrien.collin@ifj.org Tel: Media Diversity Institute Great Titchfield Street London, W1W 7DA United Kingdom Contact: Pedja Urosevic, Communications Officer pedja.urosevic@media-diversity.org Tel: +44 (0) Norwegian Helsinki Committee Kirkegata 5, 0153 Oslo Norway Contact: Berit Lindeman, Head of Information/Advisor lindeman@nhc.org Tel: Reporters Without Borders 47 rue Vivienne Paris France Contact: Johann Bihr, Head of the Europe and Central Asia Desk europe@rsf.org Tel:

6 4 World Association of Newspapers and News Publishers 96 bis rue Beaubourg Paris France Contact: Rodrigo Bonilla, Missions Manager Tel:

7 Contents List of endorsing organisations 2 Acknowledgments 5 Executive Summary 7 Recommendations 8 1. Introduction Foreword by Frank La Rue Impunity for violence against journalists Political use of the law to silence freedom of expression Freedom of expression and freedom of peaceful assembly: mutually reinforcing, mutually limited Freedom of association: pressure on NGOs, human rights defenders and lawyers Freedom of information: a fundamental right Freedom of expression online State control of the media Ethics, professionalism and self-regulation of the media Azerbaijan s image problem Conclusion 50 Appendix 1: list of acronyms used in the report 51 5

8 Acknowledgements This report is a joint publication of the International Partnership Group for Azerbaijan (IPGA), a coalition of international NGOs working to promote and protect freedom of expression in Azerbaijan. The report was compiled by Rebecca Vincent, IPGA Project Coordinator for ARTICLE 19, with contributions from other organisations and authors as indicated in each chapter. The report was edited by Rebecca Vincent and Natasha Schmidt, Assistant Editor for Index on Censorship. Design and layout were done by Rowan Emslie, Communications Intern for ARTICLE 19. Gunay Rahimova translated the report into Azerbaijani, and Jana Nikolovska translated it into French. The cover image was drawn by journalist and political caricaturist Agil Khalil. Special thanks are due to (in alphabetical order) Turgut Gambar of the NIDA Civic Movement, Emin Huseynov of the Institute for Reporters Freedom and Safety, Khadija Ismayilova of Azadliq Radiosu, and independent blogger and activist Emin Milli, who provided valuable information for the report. Special thanks are also given to Frank La Rue, the United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, for providing a foreword for this report. 6

9 Executive Summary This report is a publication of the International Partnership Group for Azerbaijan (IPGA), a coalition of international organisations working to promote and protect freedom of expression in Azerbaijan. It examines the freedom of expression situation in Azerbaijan from the time of the IPGA s joint mission to the country in September 2010 to March The current state of freedom of expression in Azerbaijan is alarming, as the cycle of violence against journalists and impunity for their attackers continues; journalists, bloggers, human rights defenders and political and civic activists face increasing pressure, harassment and interference from the authorities; and many who express opinions critical of the authorities whether through traditional media, online, or by taking to the streets in protest find themselves imprisoned or otherwise targeted in retaliation. Issues examined in this report include: impunity for violence against journalists; political use of the law to silence freedom of expression; restrictions on the right to freedom of peaceful assembly; pressure against NGOs, human rights defenders and lawyers; restrictions on the right to freedom of information; the situation of freedom of expression online; state control of the media; ethics, professionalism and self-regulation of the media; and Azerbaijan s efforts to promote a positive image abroad despite the freedom of expression problems in the country. To address these problems and improve the freedom of expression climate in the country, the IPGA has developed a series of recommendations for the Azerbaijani authorities. These include: immediately releasing those imprisoned for exercising their right to freedom of expression; seriously investigating and prosecuting all acts of violence against journalists; and decriminalising defamation, among many other recommendations outlined in this report. The IPGA s concerns are currently of particular international relevance as two major international events will take place in Azerbaijan this year: the Eurovision Song Contest and the Internet Governance Forum. In light of these events particularly Eurovision the Azerbaijani government is working hard to promote a positive international image of Azerbaijan. But at home it continues to engage in a crackdown on freedom of expression and other fundamental freedoms. This report aims to bring these concerns to the light at an opportune time for international engagement with the Azerbaijani authorities on these issues. Engagement, however, should not stop with these events. One question that often comes up in discussions with Azerbaijani journalists, human rights defenders and political activists is: what will happen after Eurovision? Those working to tell the truth about Azerbaijan in this brief period of international media scrutiny fear reprisal when this international attention has gone. This is a valid concern as some of these individuals have already begun to be targeted by the authorities. The IPGA hopes that this report will prompt the international community to redouble its efforts to monitor the freedom of expression situation in Azerbaijan and hold the authorities accountable for their actions both immediately and in the long-term. 7

10 Recommendations The IPGA calls on the Azerbaijani authorities to undertake the following steps to improve the freedom of expression climate in the country: Impunity for violence against journalists: Redouble efforts to identify and bring to justice those responsible for the murders of editor Elmar Huseynov and journalist and writer Rafig Tagi; Seriously investigate and prosecute all cases of violence, threats of violence, and blackmail against journalists; Political use of the law to silence critics: Immediately and unconditionally release all persons imprisoned for exercising their right to freedom of expression, including blogger Bakhtiyar Hajiyev, journalists Ramin Bayramov and Aydin Janiyev, and human rights defender Vidadi Iskenderov; Ensure that the ongoing investigations and trials in cases of those detained for exercising their right to freedom of expression meet international standards; Decriminalise defamation and ensure that the use of civil defamation provisions is in line with international standards; Fully co-operate with Parliamentary Assembly of the Council of Europe Special Rapporteur Christoph Strässer, including by immediately issuing him a visa to undertake a fact-finding mission to Azerbaijan; Allow foreign journalists to travel to Azerbaijan and conduct their work unfettered, including by issuing them with the visas and accreditation required by law; Freedom of assembly: Immediately and unconditionally release the remaining 11 prisoners from the March and April 2011 protests; Cease the use of excessive force to disperse peaceful protests and seriously investigate and prosecute all past reports of the use of excessive force against protesters; Ease restrictions on the right to freedom of assembly, including by allowing groups to peacefully assemble in Baku city centre; Freedom of association: Cease practices of pressuring and interfering with the work of NGOs, human rights defenders and lawyers, including by allowing the Azerbaijani Human Rights House to re-open and reinstating those lawyers who have been disbarred or have lost their licences in connection 8

11 with taking on human rights cases; Freedom of information: Implement more effectively the Law on the Right to Obtain Information, including by requiring the State Oil Company of Azerbaijan to publicise its financial information as an information-owner under the law; Freedom of expression online: Respect and protect the right to freedom of expression online, including by ceasing practices of targeting social media users involved in organising protests; Invest in internet infrastructure and work towards universal, affordable, high-speed internet access countrywide; State control of the media: Reverse the ban prohibiting foreign entities from broadcasting on national frequencies, including the BBC, Voice of America and Radio Free Europe/Radio Liberty; Establish an independent broadcasting regulatory body in line with international standards and with transparent procedures for the allocation of licences; Promote the development of public service broadcasting that is in the interest of the public and is independent of government interests, with particular attention paid to the regions outside of Baku; Establish fair, equitable and transparent conditions for the allocation of state advertising; and Establish an independent, cross-industry working group to develop a strategy for long-term media reforms, including guidelines on editorial independence and editorial statutes, selfregulatory instruments, pluralistic and structured media ownership, and working conditions in line with international standards. In addition, the IPGA calls on the international community to hold Azerbaijan accountable for its freedom of expression obligations at every possible opportunity, including at the regional and international level, and in the bilateral context, particularly from states with significant economic, social or political ties to Azerbaijan. The Eurovision Song Contest and the Internet Governance Forum, to be held in Baku in May and November 2012 respectively, would present excellent opportunities for such engagement. The IPGA further notes the important role which could be played by non-state actors in this regard, in particular private persons and companies with significant business interests in Azerbaijan and singers, actors and other celebrities with large followings in the country. 9

12 1. Introduction In September 2010, the International Partnership Group for Azerbaijan (IPGA), a coalition of international organisations working to promote and protect freedom of expression in Azerbaijan, undertook a joint freedom of expression mission to the country. The mission s findings and recommendations were published in the report, Free Expression Under Attack: Azerbaijan s Deteriorating Media Environment [1]. Since the mission, the freedom of expression climate in Azerbaijan has further deteriorated. This report provides an update on the IPGA s major areas of concern from September 2010 to March The current state of freedom of expression in Azerbaijan is alarming. Journalists, bloggers, political and civic activists and human rights defenders increasingly face pressure, harassment and interference from the authorities. Violent attacks against journalists have continued, and the murder of journalist and writer Rafig Tagi in November 2011 provided a tragic reminder of the persisting climate of impunity for these attacks. Despite the authorities apparent inability to properly investigate any of these cases and prosecute those responsible, they continue to use a number of legal pretexts to imprison critical journalists, bloggers and activists. So while the community of those jailed in connection with exercising their right to free expression grows, those who use violence to silence critical voices continue to walk free. In growing frustration, over the past year hundreds of Azerbaijanis took to the streets to voice their protest against the authorities political and social policies. In response, police used excessive force to disperse the protests and hundreds of protesters were arrested, many serving disproportionate administrative sentences. Those involved with organising the protests suffered a harsher fate, serving jail time for criminal charges related to the protests or other, seemingly unrelated but politically motivated charges such as evading military service or interfering with elections. NGOs, human rights defenders and lawyers working for the protection of these individuals have since become targets themselves, facing closure, disbarment and other forms of pressure in retaliation for their efforts to hold the authorities accountable for their legal obligations. These concerns are currently of particular international significance due to two major international events scheduled to take place in Azerbaijan this year: the Eurovision Song Contest, which will be held in Baku on 22, 24 and 26 May 2012; and the Internet Governance Forum, which will be held in Baku from 6 to 9 November In light of these events particularly Eurovision the Azerbaijani government is working hard to promote a positive international image of Azerbaijan. But at home it continues to engage in a crackdown on freedom of expression and other fundamental freedoms. This report aims to bring these concerns to light in order to promote positive changes both in the run-up to these events, and in the long-term. [1] 10

13 Structure of the Report The Executive Summary and the IPGA s recommendations for steps to improve the freedom of expression climate in Azerbaijan precede this introduction. A foreword by the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue, follows the introduction. In Chapter 3, Reporters Without Borders examines the growing climate of impunity for violent attacks against journalists. In Chapter 4, ARTICLE 19 provides an update on political use of the law to silence freedom of expression. Chapter 5 contains ARTICLE 19 s analysis of restrictions on the right to freedom of peaceful assembly and their impact on free expression. In Chapter 6, the Human Rights House Foundation details recent pressure on NGOs, human rights defenders and lawyers as part of the authorities growing restrictions on the right to freedom of association. In Chapter 7, ARTICLE 19 outlines restrictions on the right to information. In Chapter 8, Index on Censorship explores the situation of freedom of expression online. Chapter 9 contains the World Association of Newspapers and News Publishers (WAN-IFRA) analysis of the state s domination of the media. In Chapter 10, the International Federation of Journalists provides an update on the issue of professionalism in the media. In Chapter 11, Index on Censorship examines Azerbaijan s efforts to promote a good image abroad. Chapter 12 contains the IPGA s concluding observations. 11

14 2. Foreword by Frank La Rue [1] The right to freedom of opinion and expression is a fundamental human right which is essential to the exercise of many other rights and a key component of democratic society. Through its membership in the United Nations (UN) and its ratification of the International Covenant on Civil and Political Rights, among other international human rights instruments, Azerbaijan is obligated to respect and protect this right. In the nearly five years since my predecessor s visit to Azerbaijan, the freedom of expression situation in the country has changed in both nuanced and dramatic ways. Although there are not currently as many journalists in prison as there were in 2007, there are now more persons overall imprisoned in connection with exercising their right to free expression. Although criminal defamation provisions are no longer as frequently used as in 2007, the misuse of other laws has now taken their place. It is unfortunate to note that a number of the recommendations my predecessor issued to the Azerbaijani authorities following his visit have thus far gone unheeded, in particular in regards to impunity. The authorities should take steps now to ensure that the cycle of violence against journalists and impunity for their attackers goes no further. As a country with a current seat on the UN Security Council, Azerbaijan is well-placed to set a positive example for other states by fulfilling its freedom of expression obligations. Azerbaijan is also set to undergo the second round of the Universal Periodic Review by the UN Human Rights Council in 2013, making now an opportune time to address the issues raised by the International Partnership Group for Azerbaijan in this report and to improve the freedom of expression climate in the country. Further, as host of this year s Internet Governance Forum, Azerbaijan is in an excellent position to promote freedom of expression online. The internet has become a vital communications tool for individuals all over the world. Azerbaijan and all other states should ensure that information can flow freely online, and that the internet is available, accessible and affordable to all. [1] Frank La Rue is the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. His predecessor, Ambeyi Ligabo, visited Azerbaijan in April 2007 and published a report following his mission: [available from] 12

15 3. Impunity for violence against journalists by Johann Bihr, Head of Central Asia and Europe Desk, Reporters Without Borders Far from declining, impunity for those who physically attack and murder journalists has increased since the IPGA s joint mission to Azerbaijan in September The unsolved murders of Elmar Huseynov and Rafig Tagi cast a shadow over all journalists, one that reinforces their fears. As a result of the crackdown on the Baku spring, 2011 saw a new cycle of violence against the media. The Institute for Reporters Freedom and Safety (IRFS) reported 11 violent attacks against journalists, and another 16 cases of violence against journalists in the context of on-the-job intimidation, in 2011 alone [1]. No justice for Elmar Huseynov Seven years after the 2005 murder of the opposition weekly Monitor s editor, the investigation is completely paralysed. The authorities continue to blame the lack of cooperation from the Georgian authorities, which refuse to extradite the two main suspects, Teymuraz Aliyev and Tahir Khubanov. In May 2011, the opposition newspaper Azadliq published the names of three other suspects, also Georgians, which the judicial investigators would have preferred to keep secret. No serious effort has been made to identify those behind the murder. Many journalists, members of the political opposition and human rights defenders regard the continuing impunity in this high-profile case as a threat that constantly hangs over them. In virtually no case of violence against a journalist since Huseynov s murder has there been a serious investigation or prosecution for an attack. The result is a climate of fear in which journalists know that should they decide to criticise the authorities, they are vulnerable to attacks which are either organised or endorsed by officials. Many choose not to take the risk, and engage instead in self-censorship, which has become pervasive in Azerbaijan. Another murder, another incomplete investigation A renowned journalist and writer, Rafig Tagi was stabbed several times on his way home on the night of 19 November He was rushed to hospital and underwent a successful operation but then died four days later. The circumstances around his death remain unclear. Many disturbing aspects of the case shocked the Azerbaijani public and the international community alike. How was it possible that Tagi suddenly died after the doctors who treated him agreed unanimously that he was out of danger and he also said he felt fine? Why was he transferred from the emergency unit to an ordinary hospital room 24 hours after a complicated operation? Why wasn t he placed under police protection while recovering, particularly as he had been the target of a murder attempt? Tagi was a well-known critic of Islam, earning himself hostility from the Iranian government and a three-year jail term in his own country for a November 2006 article headlined Europe and Us that defended European humanism. He spent more than a year in prison before being pardoned in December The same article also led to a death sentence in the form of a fatwa issued by an Iranian cleric. [1] IRFS interview with ARTICLE 19, 17 March

16 On 10 November 2011, Tagi published an article that was very critical of the Iranian government, which later reinforced suspicions that Iranians were behind the attack, especially given the current cold war between Azerbaijan and Iran. But his family and some journalists pointed to the negligence and inadequacy of the investigation and said they were convinced that the Azerbaijani authorities were behind his death. The authorities said they were doing everything possible to find those responsible for the attack, and that the investigation had been placed under Prosecutor General Zakir Garalov s direct control. Nonetheless, a Preventive Analytic Group formed by civil society representatives carried out its own investigation and issued a report identifying several serious shortcomings in the official investigation. So far, no suspects have been arrested. Crackdown on Baku spring brings new cycle of violence against journalists The continuing impunity in serious cases has done much to reinforce the climate of intimidation for journalists in Azerbaijan. But this is made even more frightening by the fact there is also total impunity for the everyday violence to which journalists are increasingly exposed. When a police officer is not punished for hitting a journalist and when death threats are not even investigated, the possibility of graver forms of violence seems more real. By failing to render justice to all the journalists who are the victims of violence, the Azerbaijani authorities have systematically violated Articles 2 and 3 of the European Convention on Human Rights and the jurisprudence established by the European Court of Human Rights. The security forces used considerable violence to deal with a wave of protests in March and April 2011, and many people were physically attacked. Dozens of journalists and bloggers were beaten while trying to cover pro-democracy demonstrations such as the one on 2 April 2011 in Baku s Fountain Square [2]. Abductions of opposition journalists Seymour Khaziyev, a journalist with the opposition newspaper Azadliq, was attacked by six masked men as he was returning to his home in Jeryanbatan on the outskirts of Baku on the night of 26 March Taken in a minibus to an unknown location with a sack over his head, he was then tortured for two hours. The two telephones he was carrying were confiscated and the contents of his laptop were examined. One of his attackers asked him to be as intelligent and quiet as the others. He was finally set free, with his hands tied, a few kilometres from where he was captured. Another Azadliq reporter, Ramin Deko, suffered a similar fate a week later. Three men in civilian clothing intercepted him on the morning of 3 April 2011 in Rasulzade, the village where he lives, located 20 kilometres outside Baku, and forced him to get into their car. They then drove him to Mashtaga, another village 25 kilometres outside Baku, and subjected him to intense psychological pressure for eight hours. He was repeatedly asked why he was so active on online [2] 14

17 social networks and why he wrote articles criticising President Ilham Aliyev. He was told that if he did not abandon these activities, he would suffer serious consequences. Before releasing him in Baku at about 4 p.m., his abductors warned him to say nothing about what had happened. Deko nonetheless talked immediately to the media about his abduction. The next evening, two of his assailants were waiting for him as he left his office and beat him severely as a reprisal.in neither case have the assailants been identified [3]. Violence against foreign journalists Although such attacks are not common, foreign journalists are not exempt from acts of violence. In June 2011, American journalist Amanda Erickson and British media rights activist Celia Davies were seriously injured during an attack by four unknown assailants [4]. Erickson and Davies were in Azerbaijan working with local journalists and civil society groups. At the time of the attack, Erickson had recently published a piece in the New York Times profiling formerly imprisoned blogger Emin Milli [5], and another in the Columbia Law Review profiling outspoken critical journalist Khadija Ismayilova [6]. However, unlike in the cases of the Azerbaijani journalists, Erickson and Davies attackers were quickly found and arrested [7]. Outside Baku IRFS cameraman Rashad Aliyev had to be hospitalised after he was beaten over the head by a police officer while trying to cover clashes between police and local protesters in the northern city of Guba on 1 March Total impunity continues to reign in the Nakhchivan Autonomous Republic, which is separated from the rest of Azerbaijan by a strip of Armenian territory. There is an almost total lack of pluralism in Nakhchivan and journalists struggle to perform their work. When journalists try to file complaints about cases of violence (often the work of the local security forces), the judicial authorities usually simply deny that these events ever took place. Among the recent incidents in Nakhchivan: Journalists Elman Abasov (IRFS) and Ilgar Nasibov (Turan) were violently attacked by police officers and the plain-clothed men accompanying them when they tried to cover a police raid on the home of fellow journalist Hakimeldostu Mehdiyev (IRFS) in Jalil on 15 July Ilgar Nasibov and Malahat Nasibova (Turan) were attacked by local officials outside a police [3] [4] [5] [6] [7] 15

18 station in Babek on 27 July A leading human rights activist in Nakhchivan, Nasibova was also subjected to extreme harassment, including death threats and summonses for questioning by the Ministry of National Security [8], after she conducted an investigation at the end of August 2011 into the death of a local man, Turac Zeynalov, while in detention. Yafez Hasanov (Radio Free Europe/Radio Liberty - RFE/RL) was abducted by three unidentified men on 31 August 2011 while visiting Nakhchivan with the aim of investigating Turac Zeynalov s death. His abductors told him to forget the story, escorted him to the Iranian border and told him to return to Baku via Iran. If he set foot again in Nakhchivan during the next month, it will cost you, they told him. They were wearing civilian clothes but were using the kind of car that government security officials normally drive. Making him travel through Iranian territory exposed him to considerable danger as RFE/RL has been classified as an illegal organisation by the Iranian authorities. [8] 16

19 4. Political use of the law to silence freedom of expression by Rebecca Vincent, IPGA Coordinator, ARTICLE 19 Defamation Legal provisions for defamation continue to present an obstacle to freedom of expression in Azerbaijan. Although the National Action Programme for increasing the efficiency of human rights and freedoms in the Republic of Azerbaijan included plans for the adoption of a new defamation law which would decriminalise defamation in 2012, at present, defamation remains a criminal offence in Azerbaijan [1]. Although criminal defamation provisions no longer lead to prison sentences as frequently as in previous years, they are still in use. According to the Baku-based Media Rights Institute (MRI), in 2011, eight journalists were subject to criminal prosecution in defamation cases [2]. The existence of these provisions continues to have a serious chilling effect on freedom of expression, particularly in contributing to the widespread self-censorship in the country. International experts including Council of Europe (COE) Human Rights Commissioner Thomas Hammarberg and Organisation for Security and Co-Operation in Europe (OSCE) Representative on Freedom of the Media Dunja Mijatovic have long called for the decriminalisation of defamation in Azerbaijan [3]. Civil defamation provisions are more frequently used, and are often misused to hamstring the ability of independent and opposition media outlets to operate. According to MRI, in 2011 a total of 32 cases were filed under civil defamation provisions, resulting in more than 70 court decisions and orders for compensation totalling more than AZN 46,200, an amount higher than in previous years. MRI noted that the Yeni Musavat and Khural newspapers were the most frequent targets of these cases, the majority of which were lodged by public officials, including Head of the Presidential Administration Ramiz Mehdiyev, the president s uncle, MP Jalal Aliyev, and Head of the State Fund for Support to Mass Media Vugar Safarli [4]. Political use of other laws to silence critics An even greater obstacle to freedom of expression, however, is presented by the misuse of other laws for political purposes. As noted by COE Human Rights Commissioner Thomas Hammarberg in his September 2011 Observations on the human rights situation in Azerbaijan, one of his recommendations to the Azerbaijani authorities following his March 2010 visit to the country was to end practices of unjustified or selective criminal prosecution of journalists or others who may express critical opinions. However, resort to such methods has apparently not abated. Hammarberg reiterated his call to the authorities to release immediately all persons imprisoned because of views or opinions expressed [5]. Indeed, over the past several years, a trend has emerged of using charges less clearly connected [1] [2] [3] and [4] [5] 17

20 with freedom of expression to silence critical voices. These charges have included hooliganism, drugs possession, evading military service, supporting terrorism, inciting hatred, accepting bribery and tax evasion. As a result, more than 20 persons are currently detained or imprisoned in Azerbaijan in connection with exercising their right to freedom of expression, including the 11 political activists who remain jailed following their arrest for participating in a series of prodemocracy protests in Baku in March and April 2011 [6]. Editor-in-chief of the website islamazeri.com Ramin Bayramov is serving a one and a half-year prison sentence following his arrest in August 2011 and conviction in March 2012 on charges of possessing illegal arms and drugs. Bayramov s lawyer maintains that the drugs and weapons were planted [7]. The Ministry of National Security and the Prosecutor General s Office have stated that Bayramov and two Islamic activists arrested the same day are being held under suspicion of engaging in activities hostile towards Azerbaijan [8]. Khural newspaper Lankaran regional correspondent Aydin Janiyev is serving a three-year prison sentence following his arrest in September 2011 and conviction in November 2011 on charges of hooliganism. The charges were based on a complaint filed by members of a local religious community who alleged that Janiyev had broken the windows of a mosque and insulted employees of the mosque [9]. Human rights defender Vidadi Iskenderov is serving a three-year prison sentence following his arrest in April 2011 and conviction in August 2011 on charges of interfering with the November 2010 parliamentary elections. Iskenderov was charged following his arrest for participating in pro-democracy protests in April 2011 six months after the alleged crimes took place. He had previously publicly criticised the conduct of the November 2010 parliamentary elections as fraudulent [10]. Blogger and civic activist Bakhtiyar Hajiyev is serving a two-year prison sentence following his arrest in March 2011 and conviction in May 2011 on charges of evading military service. Hajiyev, who was an independent candidate in the November 2010 parliamentary elections, was arrested after he was listed on Facebook as one of the organisers of a pro-democracy protest. As COE Human Rights Commissioner Thomas Hammarberg noted, The timing of his arrest and the charges against him appear to be indicative of an attempt to stop his activities, which were critical of the Government [11]. [6] See Chapter 5, Freedom of expression and freedom of peaceful assembly: mutually reinforcing, mutually limited [7] [8] [9] [10] [11] 18

21 Politically motivated arrests Five journalists, a media worker and a blogger are currently in detention awaiting trial on charges connected with exercising their right to free expression. The Baku-based Institute for Reporters Freedom and Safety (IRFS) reported that four journalists were arrested on 13 March 2012: Vugar Gonagov, Zaur Guliyev and Zaur Mustafayev, the respective executive director, editor-in-chief, and advertising editor of Xeyal TV; and Poligon Information Agency correspondent Jammil Mammadli. The arrests appeared to be connected to the 1 March 2012 protest in the city of Guba [12]. Azerbaijani correspondent of Iranian Sahar TV Anar Bayramli remains in detention on charges of drugs possession after his arrest at his home in February 2012 by police who claimed to have found heroin on him. IRFS believes that Bayramli was targeted due to Sahar TV s criticism of the Azerbaijani authorities in its Azerbaijani-language news broadcasts [13]. Sahar TV driver Ramil Dadashov was arrested the same day, on charges which remained unclear at the time of publication [14]. Blogger and human rights defender Taleh Khasmammadov remains in detention on charges of hooliganism and physically assaulting a public official following his arrest in November Khasmammadov, the chairman of human rights group Law and Rights 2010, believes he was targeted for his blogging and human rights activities. He had reported on mafia activity and trafficking in persons in the Ujar region of Azerbaijan [15]. Khural newspaper editor-in-chief Avaz Zeynalli remains in detention on charges of accepting bribery following his arrest in October The charges are based on a complaint filed by MP Gular Ahmadova. Zeynalli denies Ahmadova s allegations and maintains that the charges are politically motivated [16]. In the months prior to Zeynalli s arrest, Khural newspaper had faced an increasing level of pressure and harassment, including numerous defamation lawsuits and the seizure of the newspaper s equipment. Reporters Without Borders believes that Zeynalli was targeted for his sharp criticism of President Aliyev [17]. In recent years, those who have been jailed in connection with exercising their right to freedom of expression have often been released prior to the end of their prison sentences, as in the cases of editor Eynulla Fatullayev and bloggers and youth activists Adnan Hajizade and Emin Milli, all of whom were in prison during the IPGA s joint mission to Azerbaijan in September However, justice has not been served in any of these cases, as the terms of release have left the former prisoners with criminal records, which leave their reputations tainted and could present obstacles should they wish to travel abroad or run for public office. [12] [13] [14] [15] and [16] Preventive Response Group, Report on the Arrest of Avaz Zeynalli, 11 January 2011 [17] 19

22 The issue of political prisoners in Azerbaijan has become the subject of increasing scrutiny at the COE, where Special Rapporteur Christoph Strässer has been tasked with examining the issue of political prisoners in Azerbaijan. To date, the Azerbaijani authorities have failed to cooperate with Strässer, refusing to issue him a visa to travel to the country to undertake a factfinding visit to produce the report required by his mandate. In the absence of a visa for Strässer, the Parliamentary Assembly of the Council of Europe (PACE) Committee on Legal Affairs and Human Rights convened a hearing on the situation in Strasbourg on 26 January Strässer is looking into reports of approximately 70 alleged political prisoners in the country [18]. There is a widespread belief that those currently in detention on politically motivated charges will not be sentenced before the Eurovision Song Contest in May 2012, as they would make the list of political prisoners longer, leading to further negative publicity for the authorities. Travel restrictions for foreign journalists Since the IPGA s joint mission to Azerbaijan in September 2010, the authorities have increasingly used legal provisions to restrict the ability of foreign journalists to travel to and work in the country. In July 2011, German newspaper Frankfurter Allgemeine Zeitung correspondent Michael Ludwig was harassed by the local authorities upon his arrival in the Azerbaijani exclave of Nakhchivan. Although Ludwig possessed the proper press accreditation from the Ministry of Foreign Affairs, the Nakhchivani authorities initially refused to allow him to work and then let him travel only accompanied by a government official, which prevented him from freely conducting interviews and investigating his story [19]. Also in July 2011, Russian newspaper Izvestiya correspondent Yuri Snegirev was banned from entering Azerbaijan on the basis of two articles he had written on the Nagorno-Karabakh conflict, in which the authorities claimed he had portrayed the Armenian perspective. In June 2011, Bloomberg photo-journalist Diana Markosian was denied entry into Azerbaijan at the airport on the basis that her surname sounded Armenian. In May 2011, deputy editor of Moscow radio station Ekho Moskvy Sergei Buntman was banned from entering Azerbaijan following an interview he conducted with the leaders of the unrecognised Nagorno-Karabakh Republic [20]. In April 2011, a New York Times correspondent notified Reporters Without Borders that he was told he would only be granted an Azerbaijani visa if he provided the authorities with all of the articles he had written about the country and explained the high amount of negative information about Azerbaijan in the U.S. press [21]. In April 2011, the Azerbaijani Migration Service deported three members of a Swedish television crew who were in Baku filming a documentary on human rights and freedom of expression. My Rohwedder Street, Charlie Laprevote and Charlotta Wijkström were detained [18] [19] [20] [21] 20

23 whilst attempting to film a pro-democracy protest. Although the journalists had valid visas, they were told they lacked the proper accreditation to work in the country. The journalists reported that the plain-clothed men who had detained them also confiscated their digital cameras and erased the footage recorded on their memory cards [22]. [22] 21

24 5. Freedom of expression and freedom of peaceful assembly: mutually reinforcing, mutually limited by Rebecca Vincent, IPGA Coordinator, ARTICLE 19 Perhaps one of the most significant changes to the freedom of expression climate in Azerbaijan since the IPGA s joint mission to the country in September 2010 has been the growing number of Azerbaijanis taking to the streets in protest against the regime s political and social policies. In response, the authorities have engaged in a crackdown, taking actions to severely limit citizens ability to exercise their right to freedom of assembly. International framework Freedom of expression and freedom of peaceful assembly are complimentary and mutually reinforcing freedoms which are fundamental to democratic society. Full enjoyment of the right to freedom of expression is dependent on the full protection of the right to freedom of peaceful assembly, as groups need the ability to effectively communicate amongst themselves, with the state, and with other non-state actors, in order to discuss collective actions. In the absence of freedom of expression, groups are not able to express themselves freely and cannot make their objectives, interests and demands publicly known [1]. The ability to peacefully assemble becomes particularly critical to freedom of expression when the population has no access to the most effective means of communicating a political message, for example when the state controls the mass media as is the case in Azerbaijan [2]. As stated by the Organization of American States Special Rapporteur for Freedom of Expression, disproportionate restrictions to protest, in particular in cases of groups that have no other way to express themselves publicly, seriously jeopardize the right to freedom of expression [3]. As with freedom of expression, Azerbaijan is bound to respect the right to freedom of peaceful assembly through its membership in the UN, the Council of Europe (COE), the OSCE, and through its accession to international and regional human rights treaties such as the International Covenant on Civil and Political Rights and the European Convention on Human Rights [4]. By restricting citizens ability to exercise these rights, the Azerbaijani authorities are violating their international human rights obligations and calling into question their commitment to democratic principles. As COE Human Rights Commissioner Thomas Hammarberg noted in his Observations on the human rights situation in Azerbaijan in September 2011, the European Court of Human Rights has stated that sweeping measures of a preventive nature to suppress freedom of assembly and expression other than in cases of incitement to violence or rejection of democratic principles however shocking and unacceptable certain views or words used may appear to the authorities, and however illegitimate the demands made may be do a disservice to democracy and often even endanger it. In a democratic society based on the rule of law, political ideas which challenge [1] [2] See Chapter 9, State Control of the Media [3] [4] For example, the European Court of Human Rights has noted in several cases that [t]he protection of opinions and the freedom to express them is one of the objectives of freedom of assembly and association enshrined in Article 11 of the ECHR. See United Communist Party of Turkey and Others v Turkey (1998). 22

25 the existing order and whose realisation is advocated by peaceful means must be afforded a proper opportunity of expression through the exercise of the right of assembly as well as by other lawful means [5]. Hammarberg urged the Azerbaijani authorities to ensure respect for the right to freedom of assembly in accordance with this case-law [6]. Restrictions on freedom of assembly The Azerbaijani authorities have continued to take action to limit the right to freedom of assembly in practice. One method of doing so is via the requirement for groups to request permission before staging demonstrations. The authorities often deny requests from youth movements and opposition political parties or offer substitute venues which are deemed unacceptable as they are remote from the Baku city centre [7]. Protests which go ahead unsanctioned are often dispersed with excessive force and lead to arrests and disproportionately harsh sentences of administrative detention or jail time. According to the NIDA Civic Movement, restrictions are not only limited to public gatherings, as private venues, including the Hilton and Hyatt Regency hotels in Baku, have started refusing to allow youth movements to hold meetings in their establishments [8]. NIDA activist Turgut Gambar commented First they took us off the streets. Then they kicked us out of buildings. We need to address this problem now before they start dragging us from our homes [9]. On 6 March 2012, Baku police used excessive force to disperse a peaceful demonstration in the city centre. Four youth activists were beaten, including former political prisoners Jabbar Savalan and Dayanat Babayev, and a total of 14 protesters and a journalist were arrested. Protesters had gathered to call for the release of political prisoners in the wake of reports that two political prisoners Babek Hasanov and Mahammad Majidli, who were jailed because of their participation in protests the previous year were beaten by prison officials on 4 March 2012 [10]. On 1 March 2012, around 1,000 residents of the Azerbaijani city of Guba took to the streets in protest in response to comments by Governor Rauf Habibov calling the city s residents traitors and ungrateful for selling their lands. The president s office dismissed Habibov from his position the following day [11]. Riot police used excessive force to disperse the protesters. At least two journalists were seriously injured and five others were sprayed with tear gas [12]. In response to these reports, OSCE Representative on Freedom of the Media Dunja Mijatovic commented This [5] Stankov and the United Macedonian Organisation Ilinden v. Bulgaria, 2 October 2001, paras 86 and 97 [6] [7] pp [8] [9] Turgut Gambar interview with ARTICLE 19, 5 March 2012 [10] [11] [12] 23